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Can a Landlord Still Evict After Accepting Partial Rent

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  • 05-16-2018, 08:03 PM
    lawfacts
    Can a Landlord Still Evict After Accepting Partial Rent
    An Illinois landlord served a five-day notice on a tenant for non-payment of rent. The tenant promised to pay, but only came up with a partial payment. The landlord accepted that part payment, but still wants to evict the tenant.

    Can a landlord proceed with an eviction based on a pay-or-quit notice if the landlord accepts partial rent after issuing the notice?
  • 05-17-2018, 05:21 AM
    Mr. Knowitall
    Re: Can a Landlord Still Evict After Accepting Partial Rent
    Broadly speaking, if the notice is a standard notice, demanding that the tenant pay rent in full, then the notice remains valid even if the tenant makes a partial payment. In some states acceptance of a a partial payment requires that a new notice be issued, but Illinois does not impose that requirement.

    The Illinois standard notice states, “Only FULL PAYMENT of the rent demanded in this notice will waive the landlord’s right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment", and Illinois law requires that language in order for the notice to be valid. See the Illinois Forcible Entry and Detainer Act.

    Note that some municipalities may modify the state rule by ordinance. For example, Sec. 5-12-130(g) of the Chicago Residential Landlord Tenant Ordinance provides that if the landlord accepts any rent after issuing a five-day notice, the landlord may not proceed with an eviction based on that notice.
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